Road users have fundamental right to life: Court

Updated: Sunday, September 13, 2015, 9:41 [IST]

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New Delhi, Sep 13: A sessions court has upheld the jail sentence of a man, convicted of riding a motorcycle in an inebriated state, observing that human life is precious and road users have fundamental right to life and liberty guaranteed by the Constitution.

District and Sessions Judge Rekha Rani dismissed the appeal of Netra Pal Singh, a Delhi resident, against a magisterial court order that had sentenced him to three days in jail for the offence of drunken driving under Motor Vehicle Act after he was found riding his two-wheeler in a drunken state.

The magisterial court had awarded the jail term for drunken driving and for the lack of valid driving licence and insurance papers after Singh voluntarily pleaded guilty to the offence committed under provisions of Motor Vehicle Act.

"Human life is precious and road users have fundamental right to life and liberty guaranteed by Article 21 of our Constitution...

"Drunken driving has become a menace, which may cause injuries, disabilities, fatalities having devastating effect on the victims and their kin. It also causes collossal loss in terms of economy of State. Consumption of alcohol impairs vision, focus, consciousness, coordination, reflexes which make automobiles 'death traps' and the drunken drivers lethal weapon'...," the court said.

It noted that Singh was not only badly drunk but also exceeded the prescribed speed limit by over 14 times and was also driving the vehicle without valid insurance.

It said that "to let the accused go or be granted benefit of probation or only imposition of maximum fine would lead to miscarriage of justice as such sentence would be too lenient."

The magisterial court had jailed Singh for driving two wheeler under the influence of liquor and the alcohol content in his blood stream was found 440mg/100 ml.